Maintenance And Support Agreement Template and How to Draft One (2026)

What is a maintenance and support agreement, and when do you need one? A maintenance and support agreement is the contract that governs ongoing upkeep of a product or system after it has been delivered. "Maintenance" usually means keeping the thing working and up to date: bug fixes, patches, updates and sometimes new versions. "Support" usually means helping users when something goes wrong: a help desk, incident response, and fixing faults within agreed times. It is most common for software, but the same structure covers hardware, equipment and facilities. The agreement defines what is covered, how fast problems are handled, what it costs, and what is explicitly not included. You need one whenever a product must keep running reliably after the initial sale or project: a software platform a business depends on, equipment that must stay operational, or a system under warranty that needs patching. The heart of the agreement is the service level: the severity levels that classify how serious a problem is, the response time (how fast you get a reply) and the resolution or workaround target (how fast it gets fixed). Getting these specific, and realistic, is what separates a useful agreement from an empty promise. This article is general guidance, not legal advice. Consumer, warranty and sector rules vary by jurisdiction, so have a qualified professional review any agreement before you rely on it. ## Maintenance and support agreement template Copy the block below and fill the bracketed fields. ```

MAINTENANCE AND SUPPORT AGREEMENT This Maintenance and Support Agreement ("Agreement") is made on [DATE] BETWEEN: [PROVIDER NAME], [address] ("Provider") AND [CUSTOMER NAME], [address] ("Customer") 1. SCOPE The Provider will provide maintenance and support for [the product/system described in Schedule 1] (the "Supported Product") during the Term, as set out below. 2. MAINTENANCE Maintenance includes: [error correction / bug fixes; patches and security updates; minor updates and new versions as released]. It does NOT include [new features built to order, work on unsupported versions, or issues caused by the Customer's misuse], which are chargeable separately. 3. SUPPORT AND SERVICE LEVELS The Provider will provide support during [support hours, e.g. 9am to 6pm IST, business days] through [channels]. Incidents are classified by severity and handled to the targets in Schedule 2, for example: Severity 1 (critical, system down): respond within [1 hour], target workaround within [4 hours]. Severity 2 (major, serious impairment): respond within [4 hours], target resolution within [2 business days]. Severity 3 (minor): respond within [1 business day], resolution in [a future update]. "Response" means acknowledgement and start of work; "resolution" means a fix or reasonable workaround. Targets are measured during support hours. 4. CUSTOMER RESPONSIBILITIES The Customer will report incidents with enough detail to reproduce them, give reasonable access, keep the Supported Product on a supported version, and name contacts authorised to raise issues. 5. FEES The Customer will pay [an annual maintenance and support fee of AMOUNT, payable in advance], plus charges for any out-of-scope work at [rate]. [State whether fees change at renewal and on what notice.] 6. WARRANTIES, EXCLUSIONS AND LIABILITY The Provider will perform with reasonable skill and care. The Provider is not responsible for problems caused by [the Customer's changes, third-party products, unsupported versions, or misuse]. To the extent the law allows, liability for indirect loss is excluded and total liability is capped at [e.g. the fees paid in the prior 12 months]. 7. TERM AND TERMINATION This Agreement runs for [Term] and renews [automatically unless notice is given]. Either party may terminate for material breach not cured within [N] days. Fees paid for an unused period are [refunded pro rata / non-refundable]. 8. GOVERNING LAW AND DISPUTES This Agreement is governed by the laws of [jurisdiction], with disputes subject to [courts / arbitration seat]. Schedules: 1 Supported Product; 2 Service levels and severity targets. Signed for the Provider: __________ Signed for the Customer: __________

- **Service levels (clause 3 and Schedule 2).** Define severity levels in plain terms, and give each a response time and a resolution or workaround target. Distinguish "response" (we reply and start) from "resolution" (it is fixed), because conflating them lets a provider claim success for merely answering the phone.
- **Support hours and channels.** State the hours (and time zone) and the channels. "24x7" and "business hours" are very different costs and expectations; match them to how critical the product is.
- **Customer responsibilities (clause 4).** Support is a two-way street. Require clear incident reports, access, and staying on a supported version, because a provider cannot be held to targets if it cannot reproduce or reach the problem.
- **Exclusions and liability (clause 6).** List what is not the provider's fault (customer changes, third-party products, unsupported versions) and set the liability cap. Customers should check the cap is not so low that the promise is hollow.
- **Fees and renewal (clauses 5 and 7).** Set the fee, how out-of-scope work is charged, and the renewal mechanism. Watch auto-renewal and notice windows. ## Common mistakes to avoid - Vague service levels, or targets that measure "response" but never "resolution".
- No clear line between covered maintenance and chargeable new work.
- Ignoring support hours and time zone, so expectations do not match the fee.
- No customer responsibilities, so the provider is blamed for problems it cannot reach.
- Auto-renewal with a long notice period, locking in a fee you meant to review. ## A note on jurisdiction Maintenance and support rules vary by jurisdiction. In India, the agreement is a contract under the Indian Contract Act, 1872; GST applies to the service; and where the customer is a consumer rather than a business, the Consumer Protection Act, 2019 may add protections that cannot be contracted away. In the UK and EU, consumer and unfair-terms rules can limit how far a provider excludes liability to consumers, and digital-content rules may apply; the US, Singapore and Australia have their own consumer and warranty regimes. Business-to-business agreements generally have more freedom to allocate risk than consumer ones. The safe approach is to set specific, realistic service levels and clear exclusions, and to say "varies by jurisdiction" rather than assume one answer fits all. Last verified October 2026. ## Where a contract workspace helps A template gives you a sound maintenance and support agreement; the ongoing work comes after. You keep service levels, exclusions and fees consistent across many support contracts, check each one for vague targets or weak liability caps before signing, and track renewal and notice dates and the obligations each agreement puts on you. Reading an agreement, flagging those service-level and liability terms in plain language, and keeping renewal dates as alerts can all happen in one AI workspace tuned to your company. [Adira](https://adiralaw.com) is one such workspace. The template alone is enough to put a fair agreement in place.